Energy Law
There is a multitude of career opportunities for South Texas College of Law Houston students to pursue in the energy industry, which include working for law firms doing energy work, oil and gas companies, and oil field service providers. Attorneys practicing in this field must develop a firm understanding of the oil and gas industry. Depending on the type of oil and gas law attorneys choose to practice, they also need to acquire, to varying degrees, a background in corporate, finance, and business law; transactional drafting and negotiation skills; dispute resolution skills both in and out of court; and an understanding of the regulatory environment.
Introduction
Energy law is a complex and multifaceted field that encompasses a variety of industries. A vital and vibrant industry in Texas, oil and gas companies, oil field services providers, and law firms doing energy work offer a multitude of career opportunities for South Texas College of Law Houston students to pursue.
The oil and gas industry is loosely divided into three components: upstream, midstream, and downstream. Major integrated companies focus on all three components, while independent companies tend to focus on one or two of the components.
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Upstream activities involve the search and exploration for crude oil and natural gas. It encompasses the use of various techniques to locate potential sources of hydrocarbons, the drilling and operation of wells to produce crude oil and natural gas, and the sale of such produced crude oil and natural gas.
Midstream processes include the transportation, processing, and storage of crude oil and natural gas products, as well as other petroleum products. Downstream activities cover the process of refining crude oil and the subsequent distribution and sale of these refined products to consumers.
Attorneys practicing in this field must develop a firm understanding of the oil and gas industry. Depending on the type of oil and gas law attorneys choose to practice, they also need to acquire, to varying degrees, a background in corporate, finance, and business law; transactional drafting and negotiation skills; dispute resolution skills both in and out of court; and an understanding of the regulatory environment.
While this subject overview and the accompanying pathway focus on the oil and gas industry, many other established and burgeoning energy sectors exist, including electricity, coal, nuclear, biodiesel, and renewables such as solar, wind, and hydropower.
Students interested in the oil and gas sector should also consult the Environmental Law Subject Overview because lawyers practicing oil and gas law regularly confront issues pertaining to pollution and natural resources. For instance, state and federal water laws can impact exploration decisions, and environmental regulations affect the means by which companies can explore, develop, produce, and transport natural resources. The most relevant environmental courses for students interested in the oil and gas industry are Environmental Law, Natural Resource Management Law, and Water Law.
For all career options in the oil and gas industry, students would benefit from taking Oil, Gas & Mineral Law; Domestic Petroleum Transactions; and Domestic Energy Law. The utility of additional coursework is then largely derived from the type of energy law practice students wish to pursue. The following overview of the main fields of practice in the industry will list additional relevant coursework where applicable.
Oil and Gas Property Acquisition and Management
Two popular career options in oil and gas property acquisition and management are title attorney and landman. In addition to general oil and gas courses, relevant subject matter for these career paths is covered in Texas Oil, Gas, & Land Title Examination. Students interested in these career paths would also benefit from taking Contract Negotiations & Drafting or Contract Building Blocks.
Title Attorney
When companies want to explore for natural resources, they first need to determine who owns the mineral estate in the area of interest—that is, the area below ground that may or may not be owned by the same person or entity that owns the surface estate. The company must then obtain an oil and gas lease from the owners of the mineral estate.
Title attorneys help to identify the owners of the mineral estate. They search relevant records and chains of title to determine who owns the mineral estate in the property in question. Sometimes title attorneys assist in determining from whom an oil and gas lease is taken. In all instances, because of the significant costs of drilling a well, a title attorney is engaged to prepare a title opinion on a planned well site and on other tracts. A title opinion is a report on the ownership of the mineral estate in a specified property that includes any gaps, exceptions, and deficiencies.
Title attorneys may work in-house for oil and gas companies, or they may choose to work in small or mid-size firms or as solo practitioners. Students who want to become title attorneys should consider STCL Houston’s Law Office Management course if they plan to start their own firm or join a small firm.
Landman
Landman is the title of a professional—which can be a man or woman—in the oil and gas industry who is responsible for interfacing between the owners of mineral rights and the oil and gas companies interested in exploring and developing that mineral estate for natural resources. Among other responsibilities, they negotiate the acquisition of oil and gas leases and other mineral rights, examine title issues and seek to cure title defects, close deals, and address any resulting complaints from the owners of the mineral rights or the surface landowners after exploration and development commences. In this respect, they interact with land and mineral rights owners more frequently than any other oil and gas industry representative, including title attorneys.
One does not need to obtain a J.D. to become a landman. Many of the key skills needed to be a successful landman, however, are skills that come with a J.D., including an understanding of oil and gas property rights and skills in drafting and negotiating contracts.
Landmen typically work for companies, including in-house for oil and gas companies or land brokerage companies, or as independent solo practitioners. Some law firms may also embed landmen in-house to assist with title corrective work and other commercial functions.
Internationally, companies entrust the commercial/business functions of obtaining oil and gas rights to professionals who are known as business developers or commercial negotiators. These professionals perform many of the same tasks that the landman performs in the domestic U.S. oil and gas industry. A J.D. can be advantageous in this field as well.
General Oil and Gas Transactional Work
Transactional legal work in the oil and gas industry requires that attorneys develop a firm understanding of the industry. The potential types of work in which an oil and gas transactional attorney may be involved encompasses many of the categories reviewed in the Business & Corporate Law Subject Overview, such as commercial, corporate, and finance. In this context, however, these particular subjects and practice areas are based on oil and gas transactions.
For example, transactions could involve the purchase, sale, or leasing of mineral real property, development rights, or equipment; the merger of two companies or acquisition of one by the other; joint ventures and joint operating agreements between energy companies; land leases; or agreements that concern pipeline and facilities usage and sharing.
Prospective attorneys looking to enter the oil and gas industry may simply develop a set of core transactional skills that are needed in the oil and gas industry, or they may already have a sense of the particular specialty in which they desire to practice.
For core transactional competence, students should strive to develop a basic understanding of how to negotiate deals and translate those negotiations into binding contracts. These skills are taught in Contract Building Blocks, Contract Negotiations & Drafting, and Transactional Skills–Energy. STCL Houston’s Negotiation course can also provide beneficial information, although negotiation skills are taught in the context of resolving disputes rather than negotiating deals.
Among others, areas of focus could include energy finance, mergers and acquisitions, or tax. Students should base their decisions on a combination of interest, experience, and prospective employment opportunities. To illustrate, a student might choose to focus on energy finance because he or she is interested in the oil and gas industry and has a background in banking. In such a case, relevant coursework would include basic oil and gas classes along with those listed on the pathway that cover finance in the corporate setting.
For international oil and gas transactional work, the same negotiation and transactional skills discussed above are at the heart of the practice—along with knowledge of other languages. Differences exist, however. Attorneys must understand how completing a deal with another culture impacts the manner by which negotiations should proceed and how the contract actually gets drafted. With growing energy exploration opportunities currently emerging in Mexico, Houston-based energy attorneys are well-positioned to take advantage, particularly those who speak and understand Spanish. Coursework in International Petroleum Transactions surveys much of the needed information, including common contract provisions and how to structure various types of oil and gas agreements.
Oil and Gas Litigation
Disputes in the energy sector can arise in an endless variety of different contexts, from disagreements about mineral ownership, to royalties and bonus payments, to divergent opinions about the parties responsible for damages caused by oil and gas operations, including cleaning up oil spills. While transactional attorneys do everything they can to anticipate potential problems and account for or mitigate them in the transactions they do and the contracts they help negotiate and draft, disputes still arise frequently and need to be formally resolved.
Litigation attorneys practicing in this field must become equipped to resolve these problems through the courts or, where applicable, using alternative forms of dispute resolution. Additionally, litigation attorneys are well served by having an understanding of the oil and gas industry and oil and gas law. While many cases are filed or transferred to federal court (or federal bankruptcy court specifically, where relevant), others remain in state courts.
In addition to basic oil and gas courses, central coursework would include classes that review applicable procedure, pretrial discovery, motions practice, and trial advocacy. Additionally, many contracts have clauses that mandate the use of arbitration—particularly international transactions; accordingly, STCL Houston’s Arbitration course is recommended as well. Please consult the Civil Litigation & ADR Subject Overview and Pathway for additional information.
Regulatory Matters in the Oil and Gas Industry
The energy industry is regulated by numerous state and federal administrative agencies. There are many career opportunities available in these agencies and in the energy industry to deal with these agencies. New attorneys can benefit tremendously from working at these agencies because they will acquire knowledge and skills that make them particularly appealing to private sector firms and companies should they choose to make a lateral career move after serving in the government.
Even for those who do not desire to work in an administrative agency, energy attorneys regularly interface with these agencies and would benefit from understanding how they operate and what companies must do to comply with regulatory obligations. For this reason, coursework in Administrative Law and State & Local Government is highly recommended. Additionally, through the Government Process Clinic/Academic Internship, students can seek to arrange internships with local, state, or federal government agencies that address energy-related matters.
In Texas, the Railroad Commission—a name with historical roots that masks its current role in regulating the oil and gas industry—is both enormous and powerful. Other relevant agencies include the Electric Reliability Council of Texas, the Texas Commission on Environmental Quality, and the Texas Water Development Board. Also relevant is the General Land Office, which leases the twenty-two million acres owned by the state.
At the federal level, a principal agency is the Federal Energy Regulatory Commission, which regulates the interstate transmission of electricity, natural gas, and oil. Many other agencies also have regulatory oversight in this industry sector in various capacities, including the Department of the Interior, the Department of Energy, the Environmental Protection Agency, and the Department of Transportation, which is involved in the oversight of pipelines. The Bureau of Ocean Energy Management plays a role in managing offshore energy resources in the Gulf of Mexico.
Energy Careers Where a Law Degree is Advantageous
Some opportunities may be available in companies’ legal departments for newly minted attorneys, but many upstream companies tend to hire attorneys in-house who have several years of experience. That being said, opportunities exist directly out of law school in positions where having a J.D. is not required but companies recognize that a legal education provides a distinct advantage. Examples of such departments include compliance, contract administration, procurement, and human resources. In addition to working within an oil and gas company, there are many service providers where law school graduates may find career opportunities, addressing issues that range from procurement and value chain management to environmental concerns and ethical obligations.
Stage 1
Stage 2
Consider earlier courses plus one or more from below
Stage 3
Consider earlier courses plus one or more from below
Josh Blackman
Professor of Law
Property I
Property II
Chuck Brownman
Adjunct Professor of Law
Contract Negotiations & Drafting
Richard R. Carlson
Professor of Law
Contracts I
Contracts II
Lisa Dahm
Adjunct Professor of Law
Contract Building Blocks
Matthew J. Festa
Professor of Law
Property I
Property II
Professional Skills in Property
State & Local Government
Sharon G. Finegan
Professor of Law
Deposition Skills
R. Randall Kelso
Professor of Law
Spurgeon E. Bell Distinguished Professor
Contracts I
Contracts II
Ryan Kirby
Adjunct Professor of Law
Texas Oil, Gas, & Land Title Examination
Transactional Skills- Oil & Gas
Christopher Kulander
Professor of Law
Domestic Petroleum Transactions
Domestic Energy Law
Oil, Gas & Mineral Law
Joseph K. Leahy
Professor of Law
Agency & Partnership
Corporations
Katerina Lewinbuk
Professor of Law
Deposition Skills
Bruce A. McGovern
Professor of Law
Corporations
Partnership & Subchapter S Taxation
U.S. Taxation of International Transactions
Francesca Ortiz
Professor of Law
Natural Resource Management Law
Property I
Property II
Water Law
James W. Paulsen
Professor of Law
Civil Procedure
Civil Procedure II
Jean F. Powers
Professor of Law
Contracts II
Jeffrey L. Rensberger
Professor of Law
Civil Procedure
Civil Procedure II
Property I
Val D. Ricks
Professor of Law
Contracts I
Contracts II
Corporations
Randy Sadler
Adjunct Professor of Law
Texas Oil, Gas, & Land Title Examination
Transactional Skills- Oil & Gas
Dru Stevenson
Helen and Harry Hutchins Research Professor
Professor of Law
Baker Institute Scholar at the Rice University James A. Baker III Institute for Public Policy
Administrative Law
Environmental Law
Amy D. Taylor
Adjunct Professor of Law
Civil Pretrial Advocacy
Cherie O. Taylor
Associate Dean For Academics
Director, Institute for International Legal Practice & National Security
Professor of Law
Civil Procedure
Civil Procedure II
International Business Transactions
John J. Worley
Professor of Law
Business Bankruptcy
Contracts I
Contracts II
Payment Systems
Kevin M. Yamamoto
Professor of Law
Corporate Taxation
STCL Houston – Sponsored Resources
CAREER RESOURCE CENTER/STCL HOUSTON
Visit the Career Resource Center to learn more about its services. Students can reach the CRC in person or online. The CRC is designed to assist students at any time during their journey through law school. It should be an integral part of every student’s Pathway to Practice.
Transactional Practice Certificate Program
The Certificate Program is one of the major programs of the Transactional Practice Center established to create and teach a core curriculum for training law students to become business lawyers. The Certificate Program is a multi-course sequencing of classes that allows students to develop a transactional practice concentration. The classes are comprised of core commercial law courses, a drafting course, and a capstone course built around a subject area (such as energy) and aimed at having students produce the documents that would form the transaction.
Any student interested in having a business planning and transactional practice should consider applying to participate in the Certificate Program after they have completed 30 credit hours and before they have completed 45 credit hours. A detailed description of the Certificate Program appears in the Student Handbook.
Clinics/Academic Internships
South Texas College of Law Houston offers numerous direct representation clinics and internship placements for credit.
Direct representation clinics offer students the opportunity to work on real-life issues and achieve resolution of a matter for actual clients. Some clinics are litigation-based and others are more transactional in nature. Students can hone lawyering skills that transcend a specific practice area. Additionally, students can learn about an area of practice, experience what it is like to appear before certain courts, and gauge whether they are truly interested in pursuing a career in a particular field.
Academic internships also offer students the opportunity to learn about practice in state and federal courts, governmental agencies, public interest groups, and non-profit and other non-governmental organizations. Additionally, academic internships can provide students with networking opportunities.
Clinics/Academic Internships relevant to this practice area include:
- Government Process Clinic/Academic Internship
COMPETITIONS
South Texas College of Law Houston has a nationally renowned Advocacy Program that has won more competitions than any other law school in the nation. Participating in one of the numerous mock trial and moot court competitions is certainly beneficial for anyone seeking a career in litigation. Many competitions concern problems in specific fields of practice that are particularly useful for students interested in pursuing a career in that area. More broadly, competitions provide students with an opportunity to further refine their research, writing, and analytical skills, which are relevant to practice in general.
The Frank Evans Center for Conflict Resolutioncoordinates many competitions each year in the areas of negotiation, mediation, and arbitration. The program has developed a consistent track record of winning both domestic and international competitions, with more than ten first-place finishes in recent years. Students would benefit from participating in these competitions in the numerous fields of practice where alternative dispute resolution is regularly employed. Since 2015, the Frank Evans Center, in conjunction with STCL Houston’s Oil and Gas Law Institute, has hosted the Energy Law Negotiation Competition.
The Transactional Practice Center also coordinates several student competitions. These competitions are specifically geared to students who want to gain experience negotiating and drafting contracts, and learn about business transactions in general.
LAW REVIEWS AND JOURNALS
Law reviews and journals provide tangible benefits on two fronts: acquiring skills and attaining employment. As to acquiring skills, law reviews and journals provide students with an opportunity to further refine their research and writing ability. Law reviews and journals can also help students secure employment because they serve as signaling devices for perceived research and writing skills—this is particularly true for large law firms, the judiciary, and certain government agencies. The student publications relevant to this practice area include:
- Corporate Counsel Review
- South Texas Law Review
- Texas Journal of Business Law
STUDENT ORGANIZATIONS
South Texas College of Law Houston has numerous student organizations that focus on specific areas of law. Participation in a student organization allows students to learn more about the subject matter of the field and about employment opportunities. The student organizations relevant to this practice area include:
- Oil & Gas Law Society
External Resources
JOB LOCATORS
Databases and links that focus on providing information about employment in this practice area:
- Association of Corporate Counsel
- Austin Bar Association Career Network
- Federal Bar Association Legal Career Center
- Federal Employment – USA Jobs
- GoInhouse
- Houston Bar Association Career Center
- Jobs Monster – Corporate Attorneys
- Law Crossing (fee-based service)
- Texas Bar Association Career Center
- Texas Government Employment – Texas Workforce Commission
Federal Employment Honors Programs
Many government agencies have so-called “honors programs” for recruiting and hiring new attorneys. Students should be mindful of the deadlines for applying to honors programs, which are often one year in advance of employment. The honors programs relevant to this practice area include:
- United States Department of Energy Honors Program
- United States Department of the Interior Honors Program
BAR ASSOCIATIONS AND ORGANIZATIONS
Bar associations and organizations—local, state, and national—provide students with many services. Most offer access to information about the relevant areas of law. At the local level, students can also benefit from the opportunity to attend events and conferences. Importantly, these events and conferences provide students with chances to network in the profession, which may lead to employment opportunities. These organizations also provide information on continuing legal education (CLE) programs that may be relevant to practice in different areas of law. The bar associations and organizations relevant to this field include:
- ABA Section of Environment, Energy, and Resources
- State Bar of Texas Environmental & Natural Resources Law Section
- State Bar of Texas Oil, Gas & Energy Resource Law Section
Bar associations also provide students with opportunities to attend programs and network for free. Some bar associations have formal student sections that are free to join or they provide significant discounts to students. The relevant student pages include:
- ABA Law Student Division
- ABA Section of Environment, Energy, and Resources/Law Student Resources
- Austin Bar Association
- Houston Bar Association Law Student Center
- State Bar of Texas Law Student Information
GOVERNMENT AGENCIES
Federal and state government websites relevant to this subject matter of the pathway include:
- Bureau of Ocean Energy Management
- Electric Reliability Council of Texas
- Federal Energy Regulatory Commission
- Texas Commission on Environmental Quality
- Texas Railroad Commission
- Texas Water Development Board
- U.S. Department of Energy
- U.S. Department of the Interior
- U.S. Department of Transportation
- U.S. Energy Information Administration
- U.S. Environmental Protection Agency
BLOGS AND SOCIAL MEDIA
A listing of websites that provide information pertaining to this practice area, often from a practice-oriented perspective: